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807 CMR 4.00: Eligibility For Membership

Notice: While reasonable efforts have been made to assure the accuracy of this information, this is an unofficial version of the MTRS regulations, and is for informational use only. For the official, printed version, please contact the State Bookstore (see http://www.sec.state.ma.us/spr/sprcat/catidx.htm
for more information).

The purpose of 807 CMR 4.00 is to establish uniform criteria and procedures to be applied by the Retirement Board in determining an individual’s eligibility for membership within the Massachusetts Teachers’ Retirement System. The retirement board shall assist all public school teachers and administrators in obtaining all rights and benefits authorized by M.G.L. c. 32 while protecting the retirement system from liability not authorized by law.

(1) No individual shall be eligible for membership within the retirement system unless the retirement board finds:

(a) The individual is covered by a contractual agreement for employment with one or more school committees or boards of trustees or by any combination of such committees and boards;

(b) The contractual agreement requires not less than half-time service;

(c) The individual holds a certificate granted by the board of education, has been granted a waiver pending certification by the board of education, or has been approved as an apprentice teacher in accordance with the provision of St. 1985, c. 188, 21; and

(d) The individual has a contractual agreement which requires that the individual be certified by the board of education as a condition of employment.

(2) In addition to those individuals determined to be eligible pursuant to 807 CMR 4.02(1), the following individuals shall be deemed eligible for membership: individuals who hold a certificate granted by the board of education and are employed on the basis of not less than half-time as the director of an educational collaborative as organized and approved under the provisions of M.G.L. c. 40, § 4E.

(1) Enrollment. Any individual who enters into a contractual agreement for employment with a school committee or board of trustees shall obtain from such committee or board a form (MTRB Enrollment Form) and file it with the retirement board within 30 days of the individual becoming eligible for membership.